The Hindu : Kerala / Kochi News : Basant to monitor investigation

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Basant to monitor investigation

CBI to continue probe

CBI has duty to conduct proper investigation: judge
Plea submitted by CBI, Sr. Abhaya’s father

KOCHI: R. Basant, judge of the Kerala High Court, will continue to monitor the investigation by the Central Bureau of Investigation (CBI) into the Sr. Abhaya murder case.

The judge directed the CBI to continue with the investigation in the case. Passing an order on a CBI petition, the judge observed that as a functionary of the legal system as also a citizen of the country, he shared the anxiety of civil society, including the relatives of the deceased, ordinary citizens and the fourth estate, to get answers for the questions as to who were responsible for the murder of the nun and whether anyone had at any stage “polluted or attempted to pollute the stream of justice.”

The CBI had the duty to conduct a proper investigation. The judge said he was disappointed at the action of the CBI in stopping the investigation.

As for the complaint of the CBI that it was not able to perform the investigation in peace and it was driven from Bench to Bench with petition after petition with voluminous case bundles, the court said that it was for the Chief Justice to consider whether it was necessary and expedient to direct that all matters relating to the crime must be considered by a specified judge/Bench.

It was submitted before the court that there was confusion regarding which judge of the High Court was monitoring the case. The suspicion was raised by the CBI and Thomas, father of Sr. Abhaya, in view of the observation of judge K. Hema that the investigation should be conducted only “under the strict and immediate guidance and supervision of a more competent and experienced senior officer or a team of officers of the CBI.”

Justice Hema, while granting bail to the two priests and a nun, had also directed the CBI to furnish details regarding the supervision. Passing an order on a petition filed by the CBI on the issue, Justice R. Basant said the monitoring shall be done by this Bench subject to the supervision and monitoring being conducted by the Ernakulam Chief Judicial Magistrate Court.

Justice R. Basant observed that “the bail Bench [Justice K. Hema] cannot and did not take over the burden of monitoring the investigation under Article 226 of the Constitution. The short question that fell for consideration before the bail Bench was whether bail can be granted to the three accused in custody. The bail Bench did not and could not render any authentic findings on the questions that arose in the investigation.

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